linux-kernel - Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

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Date:	Thu, 21 Jun 2007 10:31:34 -0500
From:	Andrew McKay <amckay@...rs.ca>
To:	Alan Cox <alan@...rguk.ukuu.org.uk>
CC:	Alexandre Oliva <aoliva@...hat.com>,
	Linus Torvalds <torvalds@...ux-foundation.org>,
	Al Viro <viro@....linux.org.uk>,
	Bernd Schmidt <bernds_cb1@...nline.de>,
	Ingo Molnar <mingo@...e.hu>,
	Daniel Hazelton <dhazelton@...er.net>,
	Greg KH <greg@...ah.com>,
	debian developer <debiandev@...il.com>, david@...g.hm,
	Tarkan Erimer <tarkan@...one.net.tr>,
	linux-kernel@...r.kernel.org,
	Andrew Morton <akpm@...ux-foundation.org>
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

Alan Cox wrote:
>>> You've made an important mistake. You said "their system". Now its "our
>>> code" and "whoever bought the units' hardware" so it isn't their anything.
>> Yes, the hardware belongs to the user, and the software belongs to the Linux 
>> community.   However I think I wasn't 100% clear, I also mean keeping companies 
>> networks and content secured.  Credit card companies insuring the software 
>> hasn't been modified to skim cards (not that it's the only way to skim a card), 
> 
> If credit card companies are doing this they are failing badly and it
> clearly isn't working. Also lets be clear about this - I don't need any
> credit card company network access to skim older cards, and the newer
> ones have been broken by various non software schemes.

Agreed.  Credit card companies are failing very badly at preventing skimming. 
They definitely need to rethink their model of how the credit card system should 
work.

> 
>>   or Tivo making sure that their content providers are protected.  Lets look at 
>> the credit card example.  Sure the user could modify the system and boot their 
>> own kernel, but it doesn't have to play nice with Mastercard's network anymore. 
>>   Or better yet, would actually report that a certain business's card reader had 
>> been tampered with.
> 
> That to me is a fair comment. I should IMHO be able to load my code and
> my keys on my Tivo. And Walt Disney in return probably should be quite
> free not to trust my keys. You need some fairly strong competition law
> enforcement to make all that work right in the marketplace but as a
> philosophical basis it seems fine. In practice it is likely to lead to
> serious monopoly abuse problems and all sorts of ugly tying of goods that
> you don't want in a free market. Given the completely ineffectual way the
> US enforces its anti-monopoly law, and the slowness of the EU at it the
> results might well be bad - but for other reasons.

I agree as well, the model could be heavily abused.  I'm not sure what the 
solution is as far as fighting monopolies and corporate greed.  But I'd rather 
that it was fought through education of consumers and not with a license 
agreement that should be giving people freedom.  A balance of freedom to the 
licensee and the licenser.  It's my opinion that GPLv3 potentially shifts the 
balance too far to the licensee.

Andrew McKay
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